DeSantis To Appeal School Mask Ruling In Bid To Reinstate Ban

FLORIDA — Although he lost in court last week, Gov. Ron DeSantis is confident an appeal of the court ruling that struck down his ban on school mask mandates will restore his order preventing school districts from requiring masks.

On Friday, Leon County Circuit Judge John Cooper decided in favor of Tampa Bay parents who sued the governor as COVID-19 cases surged to record highs across Florida. Cooper noted in his ruling that Florida was no longer in a state of emergency July 30 when DeSantis signed an executive order to ban school mask mandates, making the governor's edict unconstitutional.

In June, DeSantis declared Florida was no longer in a state of emergency, which began in March 2020 due to the coronavirus pandemic.

The governor’s order gave only parents the right to decide if their child wears a mask at school.

“It’s going to be appealed,” DeSantis said Monday at a press conference in Jacksonville. “If you look at the ruling, he’s basically saying that (Florida's Parents Bill of Rights) violated the school boards, but in reality, the school boards weren’t even really parties to the case. I think we’re going to have really good grounds to appeal in terms of the first district court of appeal.”

The Parents' Bill of Rights was signed by DeSantis in June and went into effect July 1. It gives parents rights to decide a child's education, upbringing and health care; and outlines school district, health care practitioner, hospital requirements and specified penalties, according to Florida House of Representatives.

Multiple Florida school districts, including those in Alachua, Broward, Duval, Leon, Miami-Dade, Hillsborough, Orange, Palm Beach and Sarasota counties, have defied DeSantis by putting mask mandates in place with only medical exemptions to prevent the spread of COVID-19.

DeSantis said the bill allows parents to opt out of their child wearing a mask to school.

“What if the reverse happened," he asked. "What if a district banned anyone from wearing masks?I bet you would have parents sue under the Parents’ Bill of Rights say, ‘Hey, wait a minute, I think this is in the best interest of my child.'...You know what, I think they would win,” DeSantis said.

Cooper explained in his ruling the separation of powers.

"When DeSantis signed the executive order July 30, he did not have emergency powers," Cooper said.

Because the governor had no emergency powers when he signed this, if they do not show that they had the power to take these executive orders, the defendants without authority in law then they are without legal basis and therefore are null and void, according to Cooper.

Related: Masks, Vaccines In Schools Supported By Floridians: Patch Survey